Preventive detention in custody requires cogent material for imminent bail and likely prejudicial conduct; speculative satisfaction is insufficient.

Preventive detention of a person already in custody is valid only when the detaining authority has cogent material showing a real and imminent possibility of release on bail and a further basis to believe that prejudicial activity is likely after release. A bare assertion that bail may be obtained, without concrete material such as a fresh bail application or other supporting facts, is insufficient; on the facts, the authority's conclusion was unsupported and amounted to ipse dixit, so the detention order was liable to be set aside.

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Issues: Whether an order of preventive detention can be sustained when the detenu was already in custody and the detaining authority relied only on a speculative possibility of release on bail without cogent material.

Analysis: Preventive detention of a person already in custody is permissible only where the authority is aware of the custody and has reliable material to reach a real and imminent possibility of release on bail, together with a further basis to believe that the person would likely indulge in prejudicial activities upon release. A mere bald assertion that bail may be obtained in similar cases is insufficient. On the facts, the detention order noted the earlier rejection and withdrawal of bail applications, but there was no material showing any fresh bail application or any concrete basis for an imminent release. The conclusion that the detenu would come out on bail was therefore unsupported and amounted only to the authority's ipse dixit.

Conclusion: The detention order could not be sustained and was liable to be set aside.

Ratio Decidendi: Where a detenu is already in custody, preventive detention is valid only if supported by cogent material showing a real imminent possibility of release on bail and a consequent likelihood of prejudicial conduct; a speculative or unsupported satisfaction of the detaining authority is insufficient.

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